In the past, military personnel have not been permitted to file medical malpractice claims against the government. In 1950, in a case known as Feres v. United States, the United States Supreme Court ruled that the U.S. is not liable under the Federal Torts Claims Act (FTCA) for injuries active duty military members received; this became known as the Feres Doctrine. The FTCA is a federal law that allows private citizens to seek compensation from  the United States for a variety of torts, including injuries caused by government employees acting on behalf of the U.S in car accidents, medical malpractice cases, slip and falls, and certain wrongful death and personal injury lawsuits.

In 2020, the National Defense Authorization Act (NDAA) passed a provision that allocated $738 billion to the U.S. military. The NDAA is a federal law that establishes the budget, expenses, and policies of the U.S. Department of Defense. The money will act as compensation for those members of the armed forces and their families who have been victims of medical negligence. One expert on the Feres Doctrine, said, “over the years, the Feres Doctrine has ‘wreaked havoc’ on tens of thousands of injured military personnel and their families.”

For example, a United States Army Special Forces sergeant was a victim of the doctrine. He suffers from stage 4 lung cancer and claims his doctors at an Army Medical Center initially misdiagnosed his condition, causing him to lose precious treatment time. In June 2017, the sergeant was diagnosed with stage 4 lung cancer. This was months after he initially went to the medical center in January due to trouble breathing. After running a variety of tests and scans, his doctors diagnosed him with pneumonia and sent him home. In May of that year, however, the sergeant came back to the emergency room complaining of shortness of breath. It turned out that the initial scan from 5 month prior had shown a tumor in his lung.  The original radiologist had misread the x-ray and missed the tumor.  It was not until he re-visited the hospital that a new doctor re-reviewed and correctly interpreted the old scan as showing cancer. By that time, his tumor had doubled in size.

A slew of publicity arose about the sargeant’s misfortune in 2019.  As a result, in December of 2019, the President signed the NDAA for the fiscal year of 2020 including the exemption of medical malpractice from the Feres Doctrine.  Experts believe that the doctrine should be overturned in its entirety, and while this is a step in the right direction, more can be done for members of the military. As of January 1, 2020, members of the armed forces can file for compensation for medical malpractice incidents with the legal assistance of a lawyer, like a medical malpractice lawyer in Cleveland, OH from Mishkind Kulwicki Law Co., LPA, that happened before a 3-year statute of limitations expires.

Personal Injury Lawyer

Potholes are responsible for $3 billion in damage to vehicles every year. Tire punctures, bent wheels, and damaged suspensions all require repairs.

For motorcycle riders, however, potholes represent a danger that goes beyond property damage. A rider who hits a pothole risks losing control of the bike. Crashes caused by potholes can lead to broken bones, facial scarring, joint injuries, road rash, torn muscles, and other serious injuries. Even the best motorcycle helmets leave riders vulnerable to traumatic brain injuries.

The state, county, or city government that owns a road has an obligation to maintain it. Local governments that don’t want to raise taxes tend to forego necessary repairs. When they do fix potholes, they often do a shoddy job. Filling a pothole with sand or loose gravel can be just as dangerous for motorcyclists as making no repair at all.

Motorcycle accident lawyers help motorcyclists recover compensation when they are injured because of the government’s failure to repair potholes. Lawyers can provide valuable advice about the deadline for making a claim. Riders need to be aware of the statute of limitations that sets a deadline for filing suit, but they also need to know about the deadline set by laws that require a notice of claim to be presented to the government before a suit can be filed.

When to See a Doctor After a Motorcycle Accident Caused by a Pothole

The starting point in seeking compensation for motorcycle accidents caused by a pothole is to see a doctor. Motorcyclists need to prove they were injured before they can collect injury compensation. That proof is usually supplied by medical records.

There is no fixed time limit for seeing a doctor, but there are good reasons to see one immediately after the accident occurs. Delayed treatment delays healing. Motorcycle riders might be tempted to “walk it off” after they injure a knee or ankle, but joint injuries can become permanent injuries if accident victims continue to use the damaged joints. If an injury needs a cast or a walking boot, failing to treat it promptly can lead to long-term woes.

Head injuries that may not seem to need treatment could prove to be fatal. Any concussion can cause bleeding or swelling of the brain. A neurologist or other doctor who has been trained to examine brain injuries should rule out the need for immediate intervention. By the time a swollen brain produces more pain than a mild headache, it may be too late to save the victim’s life.

Reasons to See a Doctor Promptly After a Motorcycle Accident Caused by a Pothole

In addition to improving treatment outcomes, seeing a doctor soon after an accident improves settlement outcomes. Government claims managers and insurance adjusters base injury settlements on medical records. The more carefully an injury is documented, the more likely they will be to offer a reasonable settlement.

When motorcyclists do not visit a doctor soon after the accident, claims managers jump to the conclusion that a later accident must have caused the injury for which treatment is provided. A lawyer, like a motorcycle accident lawyer, may be able to prove that the pothole accident caused the rider’s injuries, but that proof becomes much more difficult when the rider delays a visit to the doctor.

For the same reason, it is important for motorcycle accident victims to continue their treatment until they are discharged. Failing to keep or reschedule appointments sends the message that the injury must have healed. If the accident victim argues that the injury is still painful when it is time to settle, the claims manager will not believe that the pain is real unless the victim has consistently followed a doctor’s treatment advice. Accident victims hurt themselves financially as well as physically by failing to follow a doctor’s orders.

Thank you to the experts at Butler Law Firm for their input into motorcycle accidents and the law.   

It can be tempting to accept an offer from an insurance company following a car accident that was not your fault, but it might not be in your best interests to do so.

You may feel pressured to take an initial settlement by the other driver’s insurance company, but you do not have to accept it, even if they tell you the settlement they are offering is non-negotiable.

If the damage to your vehicle is minor and you were not injured in the accident, accepting a check from the other driver’s insurance company is most likely the right move.

But if you’re unsure about the costs of your treatment, don’t have a concrete timeline about if and when you can return to work, don’t accept their offer. An insurance company may even send you a check as enticement, but it’s important that you don’t immediately cash it, since this will erase your chances of pursuing a lawsuit, a move that could potentially leave you with mounting medical bills at the end of your treatment.

If you have lost work due to the accident, the offer of a financial settlement can be hard to resist, but insurance companies know this, and are most interested in resolving your case for the lowest sum possible. That’s how they stay profitable.

If there is any chance that your injuries could lead to long-term health issues, lost wages, or physical therapy, it’s imperative to hire a personal injury attorney to protect your interests.

Those who hire a personal injury attorney generally receive a larger settlement than those who don’t, and if you have sustained injuries that could require extensive care, any extra money he or she can obtain on your behalf will be important to cover those costs.

A personal injury lawyer can also help prevent you from hurting yourself financially during contact with the other driver’s insurance company. An adjuster will contact you following an accident to discuss the details leading up to the crash. Because you may inadvertently admit fault during this interview, talking to a personal injury attorney prior to the call can prevent you from making a costly mistake.

While seeking medical treatment should be the first step in your recovery, if you have been injured, a call to a personal injury attorney should be your second.

That initial consultation will give you an idea of what types of settlements similar cases generate, and you will get a better idea of how to answer questions if an adjuster calls, or if you should forward those calls to your new attorney.

You don’t want to accept a settlement that fails to cover the cost of your medical care, pain and suffering, or other expenses.

If you have been in a car accident that was not your fault, contacting a personal injury attorney is the smartest move to make. Your lawyer will let you know if you should accept the initial settlement or if it is more prudent to hold out for more.

Personal injury attorneys, like Auto accident lawyer Boca Raton FL, usually offer free initial consultations, and if they take your case, attorneys from The Law Office of Eric H. Luckman, P.A will work on a contingency, which includes a percentage of your settlement after your case is won, so there are no out-of-pocket expenses.

When it comes to reporting a workplace injury, most states require you do it in a short period of time. Some states ask that you report it “promptly,” while others allow only 30 days or 90 days. In most situations, if you are late, you will forfeit your entitlement to compensation. The time limit begins on the day you are injured.

Are There Any Exceptions?

Many rules have exceptions, including reporting your workplace injury on time. There are some states that will excuse a late report, but only under very specific circumstances, and only up to a certain time. Some exceptions include the following.

• You were in quarantine and unable to contact anyone. This could happen if you caught a pandemic-level illness while at work, such as being exposed to COVID-19 while on a service call.
• You were in a coma or were otherwise mentally incapacitated and unable to understand your injuries or the fact you needed to report them.
• Your employer didn’t have workers’ comp rules and regulations posted in the workplace, so you didn’t know what you needed to do.
• Your supervisor was there for the accident and should have known about it without you having to make a report.
• You didn’t realize an injury was related to your employment until you saw a few different medical specialists over the course of a few months.

What Should You Do If You’re Late?

If you are late reporting your injury, you could try to report it anyway to see what happens. In most cases, it will get denied, but you can then appeal the decision. If you have a legitimate reason to file late, such as one of the exceptions stated above, you could include that in your claim so you don’t have to go through the appeals process after a denial.

Should You Involve an Attorney?

Any time you experience a workplace injury, it will do you good to consult with an attorney. Even if your case ends up being simple and easy, it’s nice to have an attorney by your side to walk you through the process. If it turns out you were late and decide to file an appeal, your attorney will be prepared with all the details already.

To get started by getting your questions answered, contact a work related injury lawyer,  like one from Polsky, Shouldice & Rosen, P.C.   Whether you’re late reporting, have a legitimate excuse or aren’t sure where to even start, your attorney can help you work through it.

When a couple who have children together decide to split up, the court will usually order one or both parents to pay child support. This is to ensure that both you and your ex fulfill your parental obligations and the child’s needs are sufficiently met. Over time, your situation may change, meaning that the terms of the initial child support order are no longer reasonable. It is possible to modify a child support order, but it requires the court’s involvement and can be a complicated process.

If you are interested in a child support modification, here are some important things you need to know first.

1. Modifications Do Not Happen Automatically

There are a number of financial factors that go into the initial determination of child support, such as your earning potential and current income. However, if one of these factors changes, your child support order does not automatically modify. Except in limited circumstances, such as when the order contains a Cost of Living Adjustment clause, you must request a child support modification from the court.

2. There Are Two Methods of Child Support Modification

There are two ways to modify child support, but both involve the court. You and your spouse can negotiate a modification yourself. If you are able to come to an agreement, you must submit a request for a new order to the court and wait for a judge’s approval.

However, it may be that you and your ex-spouse are unable to agree on new terms. Your ex may be unwilling to negotiate in the first place. If that is the case, you can request a hearing and have the judge make a decision as to modification of the child support order.

3. Modifications Can Be Either Permanent or Temporary

Either you or your spouse may undergo a change of circumstances that may warrant a permanent child support modification. Such changes may be positive or negative; examples include a change in employment, a disability, or a remarriage. However, sometimes emergency situations can arise that can necessitate short-term modification, such as temporary unemployment or a medical emergency. When requesting a modification, you can indicate whether you wish it to be permanent or temporary.

4. Hiring an Attorney May Be Beneficial

Though you can submit a request for child support modification yourself, it may be helpful for you to hire an attorney. The requirements to request a modification vary by state, and you may not be aware of everything you need. A knowledgeable attorney can help you to gather the necessary documentation and avoid mistakes that could unnecessarily delay the process.One of our child support lawyers at PIOLETTI PIOLETTI & NICHOLS, can provide the assistance you need.

Dealing with the aftermath of a car accident can be stressful. If you’ve never had to deal with it, there are some procedures you aren’t familiar with. Speaking with an insurance claims adjuster is part of the ordinary course of events after a crash. Take a look at how you should handle the discussions.

Don’t Make Guesses

An adjuster is trained to gather information from the drivers to get a clear picture of the crash. However, as a driver who has been in an accident, you may not remember every detail. The adjuster will try to get you to guess or recall the answers to some of these questions to fill in the gaps in your account. Even if the adjuster is from your insurer, it is never a good idea to guess. Once you say something, the adjuster will take it as fact, and if you contradict it later, it will appear like you are hiding something. It is best just to tell the adjuster you don’t remember if that is the truth.

Don’t Admit to Fault

Remember that the insurance companies are businesses, and the last thing they want to do is pay out on claims. If you live in a tort or at-fault state, the adjusters will need to decide who caused the crash. That driver’s insurer will be responsible for paying the other driver’s damages. You may innocently apologize for the crash or for something you may have done or not done before it happened. An adjuster will take this as an admission of guilt, even if you are ultimately not the one responsible.

Don’t Give False Information

A recorded statement is something that can be entered into evidence at a trial. You are informed before you start speaking to the adjuster whether you are giving a recorded statement. You should never, in any conversation with an insurance representative, give false information. You may be nervous about the process and trying to protect yourself or someone else, but lying will land you in legal hot water.

Don’t Say You Are Fine

When an adjuster asks about how you feel, be honest. Tell them you are shaken, sore, or just not sure yet. If you tell an adjuster you feel fine, and then later discover you have an injury, the insurer will be less likely to pay the medical claim.

A car accident lawyer is someone who can help guide you through the claims process. Attorneys know how to handle adjusters and their sometimes tricky questions. Speak with a lawyer, like an auto accident lawyer in Trenton, NJ from Davis & Brusca, LLC, before an adjuster to allow yourself the opportunity to have the best representation during a claim.